★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>1823. <sic>Dec<hi rend="superscript">r</hi>.</sic> 9 +<lb/><add>Procedure</add> <del>Constitutional Code <add>or</add></del> <add>Procedure</add></head> <!-- marginal summaries in pencil --> <p>8<lb/><note><sic>Ch.<sic> Judicial Abuse obviated</note><lb/>8 <note>§.</note></p> <p><note>19 | <head>1823. <sic>Dec<hi rend="superscript">r</hi>.</sic> 9 +<lb/><add>Procedure</add> <del>Constitutional Code <add>or</add></del> <add>Procedure</add></head> <!-- marginal summaries in pencil --> <p>8<lb/><note><sic>Ch.</sic> Judicial Abuse obviated</note><lb/>8 <note>§.</note></p> <p><note>19<lb/>Rules for admission of<lb/><foreign><hi rend="underline">bona fide</hi></foreign> and exclusion<lb/>of <foreign>mala fide</foreign> <sic>pursuants</sic><lb/>and defences.</note></p> <!-- + signs in pencil --> <p><note>1. To every instance of<lb/>blameworthy pursuit<lb/><del>attach</del> whether legal<lb/>claim or <gap/><lb/>attach factitious suffering</note></p> <p><add>+</add> 1. So order matters as that in as large a proportion as possible<lb/><add>+</add> <del>blame worthy</del> <add>blameless</add> suits and defences shall be <del><gap/></del> <add>let in</add> out, blameworthy<lb/><sic>d<hi rend="superscript">o</hi></sic> kept out.</p> <p><note>2. so, as to defence</note></p> <p><add>+</add> 2. <del>Where blameable</del> <add>To this end</add> In every case in which it is blameable <add>blame has place</add><lb/><del>punish</del> attach punishment <add>factitious suffering</add> to <del>complaint</del> <add>legal claim</add> and <add>to</add> accusation</p> <p><note>3. To no instance of<lb/>blameless pursuit.</note></p> <p><add>+</add> 3. So, to defence.</p> <p><note>4 — of defence</note></p> <p><add>+</add>4. In no case, where <del>it is blameless</del> <add>there is no blame</add> blame has no<lb/>place</p> <p><add>+</add> 4. Where, for the support of a just claim, <add>or a just defence</add> by evidence<lb/>means of proof <add>of</add> execution or of communication for either<lb/>purpose money is deficient, provide a supply</p> <p><del>4. Exclude no <add>appropriate</add> evidence from whatever source it comes, extraneous<lb/>witness or party on either side.</del></p> <p><note>5. Between pursuer and<lb/>Judge interpose not,<lb/>unless in case of necessity<lb/>any third person.<lb/><del><hi rend="underline"><gap/></hi></del> No assistance<lb/>needed, no obligation<lb/>of employing assistant<lb/>should be imposed:</note></p> <p><note>2. Assistant needed, none so<lb/>adequate and appropriate<lb/>as the Judge.<lb/>3. In many cases most<lb/>cases, persons <gap/><lb/>for himself is <gap/> by him<lb/>4 So his testimony against<lb/>himself, by defendant</note></p> <p>5. Interpose no person suffer not any person to be<lb/>interposed between the claimant or accuser and the Judge<lb/><add>that reason If for making out his claim the <del>def</del> proposed pursuer would desired <gap/> <del><gap/></del> be <gap/> assistance, <lb/>unless no/any such interposition is useless: if he does, the Judge, to whom the matter <!-- continues into the margin --> must <gap/> at hand,<lb/>is <del><gap/></del> more apt affected<lb/>than any other could be</add></p> <p>6. Suffer no suit to be commenced <del>without</del> <add><sic>antecedently</sic> to</add> allowance<lb/>by the Judge. <add>Reason no such commencement can<lb/>have place without vexation and <sic>expence</sic> to the defendant's side. if the<lb/>proper person can <sic>shew</sic> to the Judge a probability that this evil of this <!-- continues into the margin --> vexation and <sic>expence</sic> will be<lb/><gap/> <del><gap/></del> by the good<lb/>attendant on the giving<lb/>effect to the <gap/> claim<lb/>the probability is that<lb/>it will not.</add></p> <p><note>7. Suffer no suit to be commenced<lb/>without allowance by the Judge, grounded<lb/>on would-be pursuers statement.<lb/>Reason. Without vexation and <sic>expence</sic><lb/>to Defendant, no such continuation<lb/><can have place. If <add>of</add> this vexation and <sic>expence</sic><lb/><add>the evil</add> will not probably be <gap/> <add>by</add>by a good produced by the giving<lb/>effect to pursuer's claim<lb/>or accusation, no such <gap/><lb/>is reconcilable to the<lb/>ends of justice. But from the<lb/>would-be pursuers statement<lb/>can any ground for the <gap/><lb/>of <del><gap/></del> the possibility of such <lb/>preponderance be <gap/> <gap/></note></p> <lb/></note></p> <p>7. Exclude no apposite evidence from whatever source<lb/>derivable: discourse of extraneous witness or discourse of party<lb/>on either side.</p> <!-- in pencil along the left hand edge of the page --> <p><note>8. Evidence of apposite exclude from no source, extraneous or indigenous, whether witness or party: <gap/> as for an <gap/>: compel and extract in so far as not <gap/></note></p> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1823. Decr. 9 +
Procedure Constitutional Code or Procedure
8
Ch. Judicial Abuse obviated
8 §.
19
Rules for admission of
bona fide and exclusion
of mala fide pursuants
and defences.
1. To every instance of
blameworthy pursuit
attach whether legal
claim or
attach factitious suffering
+ 1. So order matters as that in as large a proportion as possible
+ blame worthy blameless suits and defences shall be let in out, blameworthy
do kept out.
2. so, as to defence
+ 2. Where blameable To this end In every case in which it is blameable blame has place
punish attach punishment factitious suffering to complaint legal claim and to accusation
3. To no instance of
blameless pursuit.
+ 3. So, to defence.
4 — of defence
+4. In no case, where it is blameless there is no blame blame has no
place
+ 4. Where, for the support of a just claim, or a just defence by evidence
means of proof of execution or of communication for either
purpose money is deficient, provide a supply
4. Exclude no appropriate evidence from whatever source it comes, extraneous
witness or party on either side.
5. Between pursuer and
Judge interpose not,
unless in case of necessity
any third person.
No assistance
needed, no obligation
of employing assistant
should be imposed:
2. Assistant needed, none so
adequate and appropriate
as the Judge.
3. In many cases most
cases, persons
for himself is by him
4 So his testimony against
himself, by defendant
5. Interpose no person suffer not any person to be
interposed between the claimant or accuser and the Judge
that reason If for making out his claim the def proposed pursuer would desired be assistance,
unless no/any such interposition is useless: if he does, the Judge, to whom the matter must at hand,
is more apt affected
than any other could be
6. Suffer no suit to be commenced without antecedently to allowance
by the Judge. Reason no such commencement can
have place without vexation and expence to the defendant's side. if the
proper person can shew to the Judge a probability that this evil of this vexation and expence will be
by the good
attendant on the giving
effect to the claim
the probability is that
it will not.
7. Suffer no suit to be commenced
without allowance by the Judge, grounded
on would-be pursuers statement.
Reason. Without vexation and expence
to Defendant, no such continuation
<can have place. If of this vexation and expence
the evil will not probably be byby a good produced by the giving
effect to pursuer's claim
or accusation, no such
is reconcilable to the
ends of justice. But from the
would-be pursuers statement
can any ground for the
of the possibility of such
preponderance be
</note>
7. Exclude no apposite evidence from whatever source
derivable: discourse of extraneous witness or discourse of party
on either side.
8. Evidence of apposite exclude from no source, extraneous or indigenous, whether witness or party: as for an : compel and extract in so far as not
Identifier: | JB/055/047/001"JB/" can not be assigned to a declared number type with value 55. |
|||
---|---|---|---|
1823-12-09 |
19 |
||
055 |
Constitutional Code; Procedure Code |
||
047 |
Procedure Procedure |
||
001 |
|||
Text sheet |
1 |
||
recto |
D8 / E8 |
||
17768 |
|||